SEC. 13. All acts and parts of acts, so far as the same are in conflict with the provisions of this act, are hereby repealed. SEC. 14. This act shall take effect and be in force from and after its passage and approval. at the state prison at Folsom, approved March 13, 1883; 1883, 295. In addition to the above legislation, the following acts may be referred to: An act to provide for the completion of the branch state prison at Folsom, approved April 1, 1878; 1877-8, 884. An act to provide for the speedy completion of the branch state prison at Folsom, approved April 12, 1880; 1880, 39 (Ban. ed. 191). An act to provide for the erection of a wall An act to appropriate the sum of thirty-four thousand four hundred and nineteen dollars and forty cents, to pay the amount found by the sixth judicial court to be due M. Miles and his sureties, for work done under contract, in building the state prison at Folsom, approved March 10, 1885; 1885, 79. An Act concerning the payment of the expenses and costs of the trial of convicts for crimes commit. ted in the state prison, and to pay the costs of the trial of escaped convicts, and to pay for the expenses of coroner inquests in said prison. [Approved April 12, 1880; 1880, 43 (Ban. ed. 204).] Costs and expenses of trials of convicts for crimes committed in state prison. SECTION 1. The costs and expenses of all trials which have heretofore been had in the county in this state where the state prison is situated, for any crime committed by any convict in the state prison, and the costs of guarding and keeping such convict, and the execution of the sentence of said convict by said county, and the costs and expenses of all trials heretofore had for the escape of any convict from the state prison, and the costs and expenses of all coroner inquests heretofore had of any convict at the state prison, by the county where said prison has been situated, shall be certified to by the county clerk of said county wherein said trials and inquests have been held to the board of state prison directors for their approval, and after such approval they shall pay the same out of the money appropriated for the support of the state prison to the county treasurer of said county where said trials have been had;"provided, that this act shall not apply to any costs or expenses incurred since January first, eighteen hundred and seventy-three.' SEC. 2. This act shall only apply to cases which have not been settled for by the state. An Act making appropriations for deficiencies for the support of the state prison at San Quentin, prior to the thirty-second fiscal year. Appropriation. [Approved March 2, 1881; 1881, 14.] SECTION 1. The sum of sixty-seven thousand and eighteen and fourteen one hundredths dollars is hereby appropriated out of any money in the state treasury not otherwise appropriated, for the payment of deficiencies for the support of the state prison at San Quentin, prior to the thirty-second fiscal year. SEC. 2. Any money remaining after the payment of deficiencies mentioned in section one of this act shall be returned to the general fund. SEC. 3. This act shall take effect immediately. An Act making appropriations for the purchase of jute, jute machinery, lands, and erection of buildings for the manufacture of jute for the state prison at San Quentin, and other expenses incidental and relating thereto. [Approved March 4, 1881; 1881, 34.] Appropriations for state prison at San Quentin. SECTION 1. The sum of two hundred and nineteen thousand dollars ($219,000) is hereby appropriated out of any money in the state treasury not otherwise appropriated, to be paid to the state board of prison directors, to pay for the purchase of jute, jute machinery, lands, and erection of buildings for the manufacture of jute, and other expenses immediately appertaining to the carrying out of the object of this act, for the state prison at San Quentin. SEC. 2. The controller of state is hereby authorized and directed to draw his warrant upon the state treasurer in favor of said prison directors for said sum, and the state treasurer is hereby directed to pay the same when presented. SEO. 3. This act shall take effect immediately. TITLE II. OF COUNTY JAILS. 1597. County jails, by whom kept and for what used. SEO. 1597. The common jails in the several counties of the state are kept by the sheriffs of the counties in which they are respectively situated, and are used as follows: 1. For the detention of persons committed in order to secure their attendance as witnesses in criminal cases; 2. For the detention of persons charged with crime and committed for trial; 3. For the confinement of persons committed for contempt, or upon civil process, or by authority of law; 4. For the confinement of persons sentenced to imprisonment therein upon a conviction for crime. An Act to protect the public health, to prevent the introduction and spreading of disease, and to provide for the protection of the health of criminals under sentence on conviction of a misdemeanor. [Approved March 13, 1883; 1883, 280.] Hair-cutting for sanitary purposes. SECTION 1. Whenever the board of health of any city or county, or city and county, or the board of supervisors of any county, or the county physician of any county of this state, shall present or cause to be presented to the sheriff, or other officer having charge of any county jail or prison in any county or city, or city and county, in this state, a certificate, or order, in writing, to the effect that it is by them, or him, considered necessary for the purpose of protecting the public health, or to prevent the introduction or spreading of disease, or to protect or improve the health of criminals under sentence, that the hair of any criminal or criminals should be cut, the said sheriff, or other officer, shall cut, or cause to be cut, the hair of any such person or persons in his charge convicted of a misdemeanor and sentenced to a longer term of imprisonment than fifteen days, to a uniform length of one and one half inches from the scalp of such person or persons so imprisoned. SEC. 2. This act shall take effect from and after its passage. An Act in relation to the house of correction of the city and county of San Francisco. Maintenance of house of correction authorized. SECTION 1. The board of supervisors of the city and county of San Francisco are hereby authorized to maintain and support in said city and county the institution now existing therein, and known as the house of correction, and to make additions thereto as the same may be required, and also to make all proper rules and regulations for the discipline, management, and employment of persons committed to said house of correction by any court of said city and county. SEC. 2. In making rules and regulations, as provided in the preceding section, the board of supervisors shall endeavor, as far as possible, to prevent crime, reform prisoners, and make the house of correction self-supporting. Imprisonment in house. SEC. 3. All persons appearing for sentence in the police judge's court, the city criminal court, or the municipal criminal court of the city and county of San Francisco, who might be sen tenced to imprisonment in the county jail or in the state prison, may, instead thereof, be by the proper court sentenced to imprisonment in the house of correction in said city and county, subject, however, to the provisions of the next section; and no person shall be sentenced to imprisonment in the house of correction except under the provisions of this act. Term of sentence-Prohibition of certain persons to imprisonment in the house. SEC. 4. No person shall be sentenced to imprisonment in the house of correction for a shorter or a longer term than that for which he might be sentenced in the county jail or in the state prison, and in no case whatever for a shorter term than three months, nor for a longer term than three years. No person who might be sentenced to imprisonment in the state prison shall be sentenced to imprisonment in the house of correction if he is more than twenty-five years of age, if he has been once before convicted of a felony, or twice before convicted of petit larceny, nor unless, in the opinion of the court, imprisonment in the house of correction will be more for his interest than imprisonment in the state prison, and equally for the interest of the public. The fact of a previous conviction may be found by the court upon evidence introduced at the time of sentence. Prisoners made to work. SEC. 5. Persons imprisoned in the house of correction may be put to work on the publis works and other property of the city and county of San Francisco, or may be employed at any other work, as the board of supervisors of said city and county may direct. And the said board of supervisors may, so far as a due regard to economy will permit, provide for the learning of trades by persons whose terms of imprisonment in said house of correction are of sufficient length, and who have the capacity requisite therefor, and will work industriously thereat. Duty of superintendent. SEC. 6. The superintendent shall give his personal attention to the duties of his office, and shall reside at the house of correction, and the board of supervisors shall provide therein room and board for him, and for the subordinates whose presence may be required in and about said house. Repeal. SEC. 7. The third section of an act entitled "An act to utilize the prison labor and govern the house of correction of the city and county of San Francisco," approved March thirty-first, eighteen hundred and seventy-six, and all acts and parts of acts, so far as they are inconsistent with this act, are hereby repealed; provided, that all offenses committed before this act takes effect shall be inquired of, prosecuted, and punished in the same manner as if this act had not been passed. House deemed to be county jail. SEC. 8. Every person who shall, at the time of the passage of this act, be confined in the house of correction under or by virtue of a sentence of imprisonment in the county jail, may remain in the house of correction till his term of imprisonment shall expire, and, so fer as relates to him, the house of correction shall be deemed to be the county jail, and he shall be in the charge and keeping of the superintendent, who shall have the same power over him that the sheriff might exercise if he was in fact in the county jail. While any such person shall be in charge of the superintendent as above provided, the sheriff shall be under no responsibility in regard to him; but nothing herein shall prevent the sheriff from removing at any time any such person from the house of correction to the county jail. Nothing in this act shall be construed to abolish or in any way to interfere with the government or control of the county or branch county jails of said city and county by the sheriff of said city and county. SEC. 9. This act shall take effect in thirty days from and after its passage. An Act to provide for the commitment of persons convicted of crime to the house of correction. [Approved March 9, 1885; 1885, 34.] SECTION 1. Any court or judicial officer authorized by law to commit persons to the county jail in any county, or city and county, of this state, wherein there is situated a house of correction, may commit to said house of correction, instead of to the county jail, any person convicted of crime, the punishment for which now is imprisonment in the said jail; but no person shall be sentenced to imprisonment therein for a shorter or longer term than that for which he might be sentenced in the county jail. SEC. 2. This act shall take effect immediately. 1593. Rooms required in county jails. SEC. 1598. Each county jail must contain a sufficient number of rooms to allow all persons belonging to either one of the following classes to be confined separately and distinctly from persons belonging to either of the other classes: 1. Persons committed on criminal process and detained for trial; 2. Persons already convicted of crime and held under sentence; 3. Persons detained as witnesses, or held under civil process, or under an order imposing punishment for a contempt; 4. Males separately from females.. 1599. Prisoners to be classified. SEC. 1599. Persons committed on criminal process and detained for trial, persons convicted and under sentence, and persons committed upon civil process, must not be kept or put in the same room, nor shall male and female prisoners (except husband and wife) be kept or put in the same room. 1600. Prisoners committed must be actually confined. SEC. 1600. A prisoner committed to the county jail for trial, or for examination, or upon conviction for a public offense, must be actually confined in the jail until he is legally discharged; and if he is permitted to go at large out of the jail, except by virtue of a legal order or process, it is an escape. 1601. Sheriff to receive prisoners committed by United States courts. SEC. 1601. The sheriff must receive, and keep in the county jail, any prisoner committed thereto by process or order issued under the authority of the United States, until he is discharged according to law, as if he had been committed under process issued under the authority of this state; provision being made by the United States for the support of such prisoner. 1602. Sheriff or jailer answerable for safe-keeping of such prisoners. SEC. 1602. A sheriff to whose custody a prisoner is committed, as provided in the last section, is answerable for his safe-keeping, in the courts of the United States, according to the laws thereof. 1603. When jail of a contiguous county may be used. SEC. 1603. When there is no jail in the county, or when the jail becomes. unfit or unsafe for the confinement of prisoners, the county judge may, by a written appointment, filed with the county clerk, designate the jail of a contiguous county for the confinement of the prisoners of his county, or of any of them, and may at any time modify or annul the appointment. 1604. Keeper of jail in contiguous county to receive prisoners. SEC. 1604. A copy of the appointment, certified by the county clerk, must be served on the sheriff or keeper of the jail designated, who must receive into his jail all prisoners authorized to be confined therein, pursuant to the last section, and who is responsible for the safe-keeping of the prisoners so committed, in the same manner and to the same extent as if he was sheriff of the county for whose use his jail is designated, and with respect to the persons so committed, he is deemed the sheriff of the county from which they were removed. 1605. When jail in contiguous county to cease to be used. SEC. 1605. When a jail is erected in the county for the use of which the designation was made, or its jail is rendered fit and safe for the confinement of prisoners, the county judge of that county must, by a written revocation, filed with the county clerk thereof, declare that the necessity for the designation has ceased, and that it is revoked. 1606. Prisoners to be returned to proper county. SEC. 1606. The county clerk must immediately serve a copy of the revocation upon the sheriff of the county, who must thereupon remove the prisoners to the jail of the county from which the removal was had. 1607. Prisoners may be removed in case of fire. SEC. 1607. When a county jail or a building contiguous to it is on fire, and there is reason to apprehend that the prisoners may be injured or endangered, the sheriff or jailer must remove them to a safe and convenient place, and there confine them as long as it may be necessary to avoid the danger. 1608. Prisoners may be removed in case of pestilence. SEC. 1608. When a pestilence or contagious disease breaks out in or near a jail, and the physician thereof certifies that it is liable to endanger the health of the prisoners, the county judge may, by a written appointment, designate a safe and convenient place in the county, or the jail in a contingent county, as the place of their confinement. The appointment must be filed in the office of the county clerk, and authorize the sheriff to remove the prisoners to the place or jail designated, and there confine them until they can be safely returned to the jail from which they were taken. 1609. Papers served on jailer for prisoner. SEC. 1609. A sheriff or jailer upon whom a paper in a judicial proceeding, directed to a prisoner in his custody, is served, must forthwith deliver it to the prisoner, with a note thereon of the time of its service. For a neglect to do so he is liable to the prisoner for all damages occasioned thereby. 1610. Guard for jail. SEC. 1610. The sheriff, when necessary, may, with the assent in writing of the county judge, or in a city, of the mayor thereof, employ a temporary guard for the protection of the county jail, or for the safe-keeping of prisoners, the expenses of which are a county charge. Guard of jail-Claim for services.-A person who is employed on three several occasions as a temporary guard of the county jail has three separate and distinct causes of action for PEN. CODE-23 353 the recovery of his salary, and a judgment obtained on one is no bar to a recovery on the others: Hughes v. Mendocino Co., 3 West Coast Rep. 201. 1611. Sheriff to receive all persons duly committed. SEC. 1611. The sheriff must receive all persons committed to jail by competent authority, and provide them with necessary food, clothing, and bedding, for which he shall be allowed a reasonable compensation, to be determined by the board of supervisors, and, except as provided in the next section, to be paid out of the county treasury. 1612. Prisoners on civil process, when not to be received. SEC. 1612. Whenever a person is committed upon process in a civil action or proceeding, except when the people of this state are a party thereto, the sheriff is not bound to receive such person, unless security is given on the part of the party at whose instance the process is issued, by a deposit of money, to meet the expenses for him of necessary food, clothing, and bedding, or to detain such person any longer than these expenses are provided for. This section does not apply to cases where a party is committed as a punishment for disobedience to the mandates, process, writs, or orders of court. 1613. Prisoners may be required to labor. SEC. 1613. Persons confined in the county jail under a judgment of impris onment rendered in a criminal action or proceeding, may be required by an order of the board of supervisors to perform labor on the public works or ways in the county. 1614. Rules and regulations for performance of labor. SEO. 1614. The board of supervisors making such order may prescribe and enforce the rules and regulations under which such labor is to be performed. 354 |